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",;r \�_ <br />HIGHWAY GRANT <br />THE WESTERN PACIFIC RAILROAD COMPANY, a Delaware <br />corporation, GRANTOR, in consideration of the mutual covenants <br />contained herein hereby grants unto the CITY OF PLEASANTON, <br />a body politic and corporate of the State of California, <br />herein GRANTEE, subject to the conditions hereinafter contained, <br />the right to construct, maintain, and operate a highway at <br />separated grades over and across that certain parcel of land <br />situate in the City of Pleasanton, State of California, <br />described in Exhibit A attached hereto and by this reference <br />made a part hereof. <br />This grant is made for the purpose of allowing GRANTEE to <br />construct, maintain, and operate a highway at separated grades <br />at the described location. <br />This grant is made subject and subordinate to the prior and <br />continuing right and obligation of GRANTOR, its successors and <br />assigns, to use all the property described in Exhibit A in the <br />performance of its duty as a common carrier, and for that purpose <br />there is reserved unto GRANTOR, its successors and assigns, the <br />right (consistent with the rights herein granted) to construct, <br />reconstruct, maintain, and use existing and future railroad tracks, <br />facilities, and appurtenances, and existing and future transporta- <br />tion, communication, and pipeline facilities and appurtenances in, <br />upon, over, across, and along said property. The GRANTOR may move <br />equipment of all types over the grant area. <br />1 EXHIBIT D <br />